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Case • 2000
" videocassette recorder. (Tr. pp. 292-94). As part of this procedure, Schmidt edited the tape using his "judgment" about what portions of the tape the correctional facility would need in the event ...
Case • 2000
in a "regular" videocassette recorder. (Tr. pp. 292-94). As part of this procedure, Schmidt edited the tape using his "judgment" about what portions of the tape the correctional facility would need in the event ...
Case • 2005
a subsequent federal suit. See Pozo, 286 F.3d at 1024 ("Failure to do what the state requires bars, and does not just postpone, suit under § 1983."). To hold otherwise, according to the Seventh Circuit, would ...
Case • 2004
in which he noted, "[t]he wall is missing tiles and this surface is what caused the cut to her right hand" (Ex. 35). When asked about the condition of the floor, he stated, "[j]ust damp floor, nothing ...
Case • 2005
constitutional right"-and, in such a posture, the government's argument might well prevail. But here, where Antelope is on the defensive, Fifth Amendment case law offers him protection beyond what the Chavez ...
Case • 2004
were accused of excessive force in the same incident. The court agrees with Plaintiff that the claims against both "involve[d] a common core of facts," that is, what happened in Plaintiff's cell ...
Case • 2004
of the Department of Corrections and the Department of Health noted the increase in HCV-infected inmates and asked Dr. Rost to develop a protocol that would determine, in Dr. Rost's words, "what the criteria should ...
Case • 2002
applied to individual employees, this standard is an objective one; it considers not only what the policymaker actually knew, but what he should have known, given the facts and circumstances surrounding ...
Case • 2003
violated constitutional rights, we ask whether "the contours of the constitutional right in question were sufficiently clear that a reasonable officer would understand that what he is doing violates ...
Case • 2004
on and the reasons for revoking parole.' Morrissey, 408 U.S. at 489. The lack of a written statement is not fatal if the trial court indicates, on the record, what evidence it relied upon. Nelson, 103 Wn.2d at 767 ...
Case • 2003
the contract after his parole as his sentence had not been removed. [26] ¶9 The Court discussed at length the question of what rights are forfeited by a convicted felon who was sentenced to prison under ...
Case • 2003
exposed to liability and that "for a constitutional right to be clearly established, its contours 'must be sufficiently clear that a reasonable official would understand that what he is doing violates ...
Case • 2002
. [13] What happened next is hotly disputed by the parties. What is clear is that McIntyre regained his laundry-bag weapon from McCann. The disagreement is over how he managed to do this. Some ...
Case • 2002
or issue. Id. at 786. By reviewing state law, we seek to ascertain to what degree the municipality has control over the official's performance of the particular function and, thus, whether the municipality ...
Case • 2005
, which is for breach of contract or, what need not be distinguished in this case (for all that is important is that the Winniczeks are complaining only about an overcharge, and not about the failure ...
Case • 2004
Placement Policies At the time Elwood pled guilty, the BOP had a policy of allowing prisoners to serve their last six months of incarceration in a CCC regardless of what percent of the [**3] sentence ...
Case • 2005
injection protocol in Tennessee was adopted based entirely on what has been done in the past without difficulty in other jurisdictions with very few, if any, modifications. Nonetheless, we recognize that what ...
Case • 2005
used, giving them their usual and ordinary meaning. [Citation.] 'If there is no ambiguity in the language of the statute, "then the Legislature is presumed to have meant what it said, and the plain ...
Case • 2001
of the method used to calculate parole eligibility. Id. at 266. [33] After considering what meaning should be placed on "ceased to operate," we held that it means the point at which the Board of Pardons ...
Case • 2003
the clearest proof' will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty"). We find that Goad has failed to present the proof necessary ...
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